Disqualified dual-national MPs win court relief

SC quashes criminal proceedings initiated under its 2012 order

ISLAMABAD: At a time when politicians are facing disqualification on various grounds, those who were disqualified for holding dual nationalities have been given a relief as the Supreme Court has quashed criminal proceedings against them.

An SC bench led by former chief justice of Pakistan (CJP) Iftikhar Chaudhry on Sep 20, 2012 disqualified a number of parliamentarians for holding dual nationality at the time of filing nomination papers.

The court had also directed the Election Commission of Pakistan (ECP) to initiate criminal proceedings against them under section 82 of ROPA. The judgment further asked the lawmakers to refund all the monetary benefits drawn by them for the period they occupied the public offices.



The aggrieved lawmakers had later challenged the court’s order related to initiation of criminal proceedings as well as refund of their salaries along with perks and privileges. However, they had not challenged their disqualification.

While hearing their review petitions, a three-judge SC bench – headed by CJP Mian Saqib Nisar and comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan – has issued a written judgment, quashing criminal proceedings against the MPs.

The order held that direction issued for criminal prosecution for corrupt practices under the provision of ROPA and Pakistan Penal Code and return of salaries appeared to be rather harsh in the peculiar and specific facts and circumstances of these cases.

Authoring 13-page verdict, Justice Ijazul Ahsan noted that the disqualified MPs have been burdened with liability and culpability without following due process.  It said the 2012 verdict would not leave much scope for the trial court to inquire into their guilt or decide the case independently.

The judgment also noted that the apex court’s judgment may become the basis of action against them which would undoubtedly prejudice their constitutional rights.

The order said it appears from the record that there was no apparent intent on the part of disqualified lawmakers to defraud or deceive the authorities at the time of filing nomination papers.

“Prima facie, there is inadequate material on the record to merit a finding of guilt regarding the corrupt practices in terms of section 78 of ROPA or other offences under Pakistan Penal Code as has been held in the order sought to be reviewed,” said the ruling.

The court also disbelieved that at a time of submission of nomination papers, the review petitioners [disqualified lawmakers] genuinely thought that they were qualified to contest elections to the parliament/ provincial assemblies and did not suffer from any legal or constitutional disqualification.

Justice Ahsan noted that the review petitioners have been subject to multiple penalties including disqualification from the membership of parliament and refund of salaries, despite the fact that they after their election took part in the legislative business during the legislative process.

“It could not therefore lightly be stated that they had unjustly been enriched or got ill-gotten gains or received financial benefits by exercising fraud or deception,” he said.

The court said directing the disqualified lawmakers to refund all such amounts would not only be unfair and unjust but also cause considerable hardship in certain cases, adding that their disqualification is already serious punishment.

The judgment said there was no column in the nomination form for the disclosure of foreign nationality. However, the court asked all lawmakers to deposit a token sum of five lac rupees to assemblies’ secretariats within 30 days.